(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation of ORS 274.040.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and leases pertaining to submerged and submersible lands.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 274.040.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 274.040. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.521 §5]
_______________Section: Previous 274.940 274.960 274.963 274.965 274.967 274.970 274.973 274.975 274.977 274.980 274.983 274.985 274.990 274.992 274.994
Last modified: August 7, 2008